To change custody, you must go to court to file a lawsuit, which will be determined by the court in the form of a judgment or a mediation letter.
To change the right of guardianship, the following conditions must be met:
According to the provisions of the "General Principles of Civil Law", the guardian fails to perform guardianship duties, or infringes upon the legal rights of the ward, other persons or units with guardianship qualifications If the guardian is required to bear civil liability, the case shall be handled in accordance with ordinary procedures; if the guardian is required to change the guardianship relationship, special procedures shall be followed; if the guardian is required to bear civil liability and the guardianship relationship is changed, the case shall be tried separately.
After a couple divorces, the party who lives with the child *** has no right to revoke the other party’s custody of the child; however, the party who does not live with the child *** commits criminal acts or abuses the child If there is any behavior that is obviously detrimental to the children, the people's court shall regard it as revocable, except where the court believes that it can be revoked.
A guardian may delegate part or all of his guardianship responsibilities to others. If the ward bears tort liability, the guardian shall bear civil liability unless otherwise agreed; if the ward is at fault, he shall bear joint and several liability.
After one spouse dies, the other spouse gives the child to another person for adoption. If the adopted child grows up healthily and does not hinder the legal adoption process, the adoption relationship is established; other guardians cannot invalidate the adoption relationship without the consent of the spouse. claim that the adoption relationship is invalid.
Procedure for changing guardian:
First of all, if the existing guardian is unable or fails to perform guardianship duties, or infringes upon the legitimate rights and interests of the ward, this is a prerequisite for changing the child's guardian;
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Secondly, someone needs to file a lawsuit to change the child's guardian, including the child's biological parents, grandparents, maternal grandparents, etc., and they must be relatives or organizations who live very closely with the child. Relatives or organizations with whom the child lives very closely; finally, the court will make a decision to change the child's guardian based on the specific circumstances and based on the principle of being conducive to the healthy physical and mental growth of the child.